@vikorr,
Quote:Seriously? After all this, you are unaware that in many jurisdictions, the law says even when the female is a willing** participant, the female is too drunk to give consent**...meaning in law, the male has raped the woman?
"Willingness" is a meaningful term only when it is defined and contained in the consent laws of a particular state. I keep telling you that the sexual assault laws all hinge on
consent. And each state's sexual assault laws define what's meant by "consent" as well as those situations where consent is not considered legally present. And people of average intelligence are easily capable of understanding these state laws.
Quote: **willing participation and consent used to be the same thing - they no longer mean the same thing - they changed this when they decided that one can be too drunk to give consent.
Nothing has suddenly changed. The sexual assault laws always defined situations where consent was not legally present. And that always included various conditions of physical and cognitive incapacitation.
The bottom line is this...
Each state has sexual assault laws that define acts of sexual contact as illegal if engaged in without consent--whether it's a lack of consent indicated by the victim at the time of the act, or whether it's a situation the state has deemed legally non-consensual, doesn't matter. Without consent, the act constitutes a violation of law.
It is the responsibility of every individual to be familiar with the sexual assault laws of their state regarding consent and how "consent" is defined in that particular state. These laws are easily found on the internet.
Every college makes this information available on their Web site, and supplies students with ample information on the sexual assault laws and their interpretation. They also expect students to abide by such laws as part of their code of conduct.
There is no "confused tangle of contradicting information". Sexual assault laws are state laws--we have 50 states--the laws of the state in which the sexual contact occurs are what govern the behavior of the people in that state. Each state has it's own particular wording and definitions in its laws--including the sexual assault laws.
When you drive a car, you are expected to be familiar with the traffic laws, and drunk driving laws of your state. If you violate such laws, you are held accountable. The sexual assault laws are no different.
Sexual assault/rape laws have historically viewed this crime as one in which the perpetrator is generally male, and the victim generally female--that's not "unjust", it's a reflection of statistical reality. In recent decades, the laws have expanded to better protect male victims from unwanted sexual contacts--and, statistically, these unwanted contacts/assaults are more often perpetrated by males on male victims. They now offer better protection to female victims of female perpetrators. Because of that increased inclusiveness, the laws cover virtually all types of sexual assaults that either males or females can commit--including those where the perpetrator is female, and the victim male--and the punishments have become equivalent, regardless of the genders of either the victim or the perpetrator.
There is no "injustice" to men in these laws. Men have better protection, from sexual assault, under current laws than at any time in the past. Sexually assaultive crimes against men are regarded just as seriously, and punished just as harshly, as equivalent crimes where the victim is female.
If you are at all interested in "justice" for men in the sexual assault laws, you should applaud the current laws inclusiveness that better protects them.
Quote:This law then becomes a lottery (due to the difference between consent and willingness), with the question of 'if you have drunken sex with a willing drunk female, do you commit a crime' only capable of being truthfully answered by 'it depends on how the woman feels about it after the fact':
- if she enjoyed it, no (you haven't committed a crime), but
- if she hates herself afterwards (and reports it), you have (committed a crime)
The law is not "a lottery"--any more than traffic laws are a a lottery--those too vary from state to state, even city to city, and when you drive, you have to be aware of the traffic laws in the jurisdiction you are in.
The only definition of "consent" that matters is the one given in the sexual assault laws of your state--the state in which the sexual contact occurs. Colleges post the laws for the state the college is located in.
You violate the law only when you violate the consent conditions specified by your state.
This is not about whether "she enjoyed it" or regretted it, it's about whether she/he
consented to it at the time of the act--and had the legal capacity to consent--and/or whether she/he indicated non-consent
at the time of the act, either verbally or behaviorally, and had the capacity to indicate non-consent.
Quote:(let's not get into arguments about the law being genderless - rape involves penetration which occurs on the male part every time they engage in intercourse...but nil in traditional sex on the womans part.
The laws don't just cover "traditional sex"--I've already made that clear--they cover all types of sexual contacts.
But, in a case of "traditional sex" they would be defining penetrating acts performed by a male on a female, and deeming these illegal when performed without her consent. That's not "unjust"--it's logical, in terms of who is considered the perpetrator, and who is held responsible for violating the law. He's the only one violating the law when he engages in "traditional sex" without consent. She can violate other sexual assault laws if she engages in other acts without his consent.
Sexual assault is a reality. Attempts to minimize it, or deny it, as you are trying to do, by trying to ascribe all sexual assault complaints to "regret" or "whether she enjoyed it" are helpful to no one, and are essentially sexist in their perceptions of women. If you are allegedly so concerned about "justice" in this area, where is your concern to see justice for those women, and men as well, who report that they have been the victims of sexual assault? Tossing them all off as liars, which is actually what you are doing, is hardly an appropriate display of either fairness or justice.
If you want to see people better protected from accusations of sexual assault, urge them to familiarize themselves with the sexual assault laws
of their state and
the specific definitions of "consent" and non-consent those laws contain. And then urge them to abide by such laws.